[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 274 Engrossed in House (EH)]


                 In the House of Representatives, U.S.,

                                                      November 1, 2001.
    Resolved, That at any time after the adoption of this resolution the Speaker 
may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the 
Committee of the Whole House on the state of the Union for consideration of the 
bill (H.R. 3150) to improve aviation security, and for other purposes. The first 
reading of the bill shall be dispensed with. General debate shall be confined to 
the bill and shall not exceed one hour equally divided and controlled by the 
chairman and ranking minority member of the Committee on Transportation and 
Infrastructure. After general debate the bill shall be considered for amendment 
under the five-minute rule. The bill shall be considered as read. No amendment 
to the bill shall be in order except those printed in the report of the 
Committee on Rules accompanying this resolution. Each such amendment may be 
offered only in the order printed in the report, may be offered only by a Member 
designated in the report, shall be considered as read, shall be debatable for 
the time specified in the report equally divided and controlled by the proponent 
and an opponent, shall not be subject to amendment, and shall not be subject to 
a demand for division of the question in the House or in the Committee of the 
Whole. All points of order against such amendments are waived. At the conclusion 
of consideration of the bill for amendment the Committee shall rise and report 
the bill to the House with such amendments as may have been adopted. The 
previous question shall be considered as ordered on the bill and amendments 
thereto to final passage without intervening motion except one motion to 
recommit with or without instructions.
    Sec. 2. Notwithstanding any other provision of this resolution, the 
amendment specified in section 3 of this resolution shall be in order in lieu of 
the amendment printed in House Report 107-264 and numbered 1.
    Sec. 3. The amendment referred to in section 2 is as follows:

    Page 1, line 6, strike ``Secure Transportation for America Act of 
2001'' and insert ``Airport Security Federalization Act of 2001''.

    In the table of contents after line 8, strike the item relating to 
section 15 and insert the following:

Sec. 15. Technical corrections.

    Page 2, before line 9, insert the following:

                       TITLE I--AVIATION SECURITY

    Redesignate sections 2 through 22 of the bill as sections 101 
through 121, respectively.

    Conform the table of contents of the bill, accordingly.

    Page 13, line 17, strike ``(1) in subsection (a) by striking'' and 
inserting the following:

            (1) in subsection (a)--
                    (A) by striking ``a cabin of''; and
                    (B) by striking

    Page 14, line 2, strike ``The responsibility'' and insert the 
following:

            ``(1) In general.--The responsibility

    Page 14, after line 8, insert the following:

            ``(2) Additional screening authority.--The Under Secretary 
        may perform any such additional screening of passengers and 
        property on passenger aircraft in air transportation that 
        originates in the United States or intrastate air 
        transportation that the Under Secretary deems necessary to 
        enhance aviation security.

    Page 14, line 20, strike the closing quotation marks and the final 
period and insert the following:

    ``(g) Deputization of Airport Screening Personnel.--The Under 
Secretary shall deputize, for enforcement of such Federal laws as the 
Under Secretary determines appropriate, all airport screening personnel 
as Federal transportation security agents and shall ensure that such 
agents operate under common standards and common uniform, insignia, and 
badges. The authority to arrest an individual may be exercised only by 
supervisory personnel who are sworn, full-time law enforcement 
officers.''.

    Page 15, after line 24, insert the following:

            ``(7) a requirement that any private security firm retained 
        to provide airport security services be owned and controlled by 
        a citizen of the United States, to the extent that the 
        President determines that there are firms owned and controlled 
        by such citizens;

    Page 16, line 1, strike ``(7)'' and insert ``(8)''.

    Page 16, line 2, strike ``and''.

    Page 16, line 3, strike ``(8)'' and insert ``(9)''.

    Page 16, line 7, strike both periods and the closing quotation 
marks and insert ``; and'' and the following:

            ``(10) a preference for the hiring of any individual who is 
        a former employee of an air carrier and whose employment with 
        the air carrier was terminated as a result of a reduction in 
        the workforce of the air carrier.''.

    Page 16, lines 11 and 12, strike ``Secure Transportation for 
America Act of 2001'' and insert ``Airport Security Federalization Act 
of 2001''.

    Page 16, line 20, strike ``pursuant'' and insert ``pursuant to''.

    Page 19, line 22, strike ``and''.

    Page 20, line 2, strike the period and insert ``; and'' and the 
following:

                    (J) the ability to demonstrate daily a fitness for 
                duty without any impairment due to illegal drugs, sleep 
                deprivation, medication, or alcohol.

    Page 21, line 14, strike ``and''.

    Page 21, line 20, strike the period and insert a semicolon and the 
following:

            ``(5) require air carriers to provide, on a space-available 
        basis, to an off-duty Federal air marshal a seat on a flight to 
        the airport nearest the marshal's home at no cost to the 
        marshal or the United States Government if the marshal is 
        traveling to that airport after completing his or her security 
        duties; and
            ``(6) provide, in choosing among applicants for a position 
        as a Federal air marshal, a preference for the hiring of a 
        pilot of an air carrier whose employment with the air carrier 
        was terminated as a result of a reduction in the workforce of 
        the air carrier if the pilot is otherwise qualified for the 
        position.

    Page 22, line 3, after ``consultation with'' insert ``and 
concurrence of''.

    Page 22, before line 10, insert the following:

    (c) Basic Pay Defined.--Section 8331(3)(E) of title 5, United 
States Code, is amended to read as follows:
                    ``(E) availability pay--
                            ``(i) received by a criminal investigator 
                        under section 5545a of this title; or
                            ``(ii) received after September 11, 2001, 
                        by a Federal air marshal of the Department of 
                        Transportation;''.

    Page 24, line 1, strike ``Provide'' and insert ``Establish 
performance goals for individuals described in paragraph (6), 
provide''.

    Page 24, lines 2 and 3, strike ``individuals described in paragraph 
(6)'' and insert ``such individuals,''.

    Page 26, after line 2, insert the following:

            ``(16) Establish a uniform system of identification for all 
        State and local law enforcement personnel for use in obtaining 
        permission to carry weapons in aircraft cabins and in obtaining 
        access to a secured area of an airport.
            ``(17) Establish requirements under which air carriers, 
        under the supervision of the Under Secretary, could implement 
        trusted passenger programs and use available technologies to 
        expedite the security screening of passengers who participate 
        in such programs, thereby allowing security screening personnel 
        to focus on those passengers who should be subject to more 
        extensive screening.
            ``(18) In consultation with the Commissioner of Food and 
        Drugs, develop security procedures under which a medical 
        product to be transported on a flight of an air carrier would 
        not be subject to manual or x-ray inspection if conducting such 
        an inspection would irreversibly damage the product.
            ``(19) Develop security procedures to allow passengers 
        transporting a musical instrument on a flight of an air carrier 
        to transport the instrument in the passenger cabin of the 
        aircraft, notwithstanding any size or other restriction on 
        carry-on baggage but subject to such other reasonable terms and 
        conditions as may be established by the Under Secretary or the 
        air carrier, including imposing additional charges by the air 
        carrier.
            ``(20) Provide for the use of wireless and wire line data 
        technologies enabling the private and secure communication of 
        threats to aid in the screening of passengers and other 
        individuals on airport property who are identified on any State 
        or Federal security-related data base for the purpose of having 
        an integrated response coordination of various authorized 
        airport security forces.

    Page 26, strike line 19 and all that follows through line 7 on page 
27 and insert the following:

    ``(d) Property Security Program.--
            ``(1) Checked baggage.--
                    ``(A) Final deadline for screening.--A system must 
                be in operation to screen all checked baggage at all 
                airports in the United States no later than December 
                31, 2003.
                    ``(B) Use of explosive detection equipment.--The 
                Under Secretary shall ensure that explosive detection 
                equipment installed at airports to screen checked 
                baggage is used to the maximum extent possible.
                    ``(C) Installation of additional explosive 
                detection equipment.--The Under Secretary shall install 
                additional explosive detection equipment at airports as 
                soon as possible to ensure that all checked baggage is 
                screened before being placed in an aircraft.
                    ``(D) Interim bag-match programs.--Until the Under 
                Secretary has installed enough explosive detection 
                equipment at airports to ensure that all checked 
                baggage is screened, the Under Secretary shall require 
                air carriers to implement bag-match programs that 
                ensure that no checked baggage is placed in an aircraft 
                unless the passenger who checks the baggage is aboard 
                the aircraft.
            ``(2) Cargo deadline.--A system must be in operation to 
        screen all cargo that is to be transported in passenger 
        aircraft in air transportation and intrastate air 
        transportation as soon as possible after the date of enactment 
        of this paragraph.

    Page 29, line 10, strike ``and'' and insert the following:

            (2) by adding at the end of paragraph (1) the following:
                    ``(G) Background checks of current employees.--A 
                background check (including a criminal history record 
                check and a review of available law enforcement data 
                bases and records of other governmental and 
                international agencies) shall be required for any 
                individual who currently has unescorted access to an 
                aircraft of an air carrier or foreign air carrier, 
                unescorted access to a secured area of an airport in 
                the United States that serves an air carrier or foreign 
                air carrier, or is responsible for screening passengers 
                or property, or both, unless that individual was 
                subject to such a background check before the 
                individual began his or her current employment or is 
                exempted from such a check under section 107.31(m) of 
                title 14, Code of Federal Regulations.''; and

    Page 29, line 11, strike ``(2)'' and insert ``(3)''.

    Page 34, strike line 23 and all that follows through line 4 on page 
35 and insert the following:

    ``(c) Airport Security.--
            ``(1) In general.--There is authorized to be appropriated 
        to the Secretary for fiscal years 2002 and 2003 a total of 
        $1,500,000,000 to reimburse airport operators for direct costs 
        incurred by such operators to comply with new, additional, or 
        revised security requirements imposed on such operators by the 
        Federal Aviation Administration or Transportation Security 
        Administration on or after September 11, 2001. Such sums shall 
        remain available until expended.
            ``(2) Conditions.--Before providing financial assistance to 
        an airport operator with funds appropriated pursuant to 
        paragraph (1), the Secretary shall require the operator to 
        provide assurances that the operator will--
                    ``(A) meet with the tenants of the airport (other 
                than air carriers and foreign air carriers) to discuss 
                adjustments of the rent of the tenants to account for 
                losses in revenue incurred by the tenants on and after 
                September 11, 2001; and
                    ``(B) provide to the Secretary an itemized list of 
                costs incurred by the operator to comply with the 
                security requirements described in paragraph (1), 
                including costs relating to landing fees, automobile 
                parking revenues, rental cars, restaurants, and gift 
                shops.''.

    Page 36, line 9, strike ``subsection (b)'' and insert ``paragraph 
(2)''.

    Page 39, lines 16 and 17, strike ``Secure Transportation for 
America Act of 2001'' and insert ``Airport Security Federalization Act 
of 2001''.

    Page 43, line 22, after ``sponsor'' insert ``or at a privately 
owned or operated airport passenger terminal financed by indebtedness 
incurred by the sponsor''.

    Page 44, beginning on line 25, strike ``Secure Transportation for 
America Act of 2001'' and insert ``Airport Security Federalization Act 
of 2001''.

    Page 45, after line 15, insert the following:

    (d) Maximum Amount of Compensation Payable Per Air Carrier.--
Section 103 of such Act is amended by adding at the end the following:
    ``(d) Compensation for Air Carriers Providing Air Ambulance 
Services.--
            ``(1) Set-aside.--The President may set aside a portion of 
        the amount of compensation payable to air carriers under 
        section 101(a)(2) to provide compensation to air carriers 
        providing air ambulance services. The President shall reduce 
        the $4,500,000,000 specified in subsection (b)(2)(A)(i) by the 
        amount set aside under this subsection.
            ``(2) Distribution of amounts.--The President shall 
        distribute the amount set aside under this subsection 
        proportionally among air carriers providing air ambulance 
        services based on an appropriate auditable measure, as 
        determined by the President.''.

    At the end of the bill, add the following (and conform the table of 
contents of the bill accordingly):

SEC. 122. REQUIREMENT TO HONOR PASSENGER TICKETS OF OTHER CARRIERS.

    (a) In General.--Subchapter I of chapter 417 is amended by adding 
at the end the following:
``Sec. 41722. Requirement to honor passenger tickets of other carriers
    ``Each air carrier that provides scheduled air transportation on a 
route shall provide, to the extent practicable, air transportation to 
passengers ticketed for air transportation on that route by any other 
air carrier that suspends, interrupts, or discontinues air passenger 
service on the route by reason of an act of war or terrorism or 
insolvency or bankruptcy of the carrier.''.
    (b) Conforming Amendment.--The analysis for such subchapter is 
amended by adding at the end the following:

``41722. Requirement to honor passenger tickets of other carriers.''.

SEC. 123. SENSE OF CONGRESS ON CERTAIN AVIATION MATTERS.

    (a) Flight Service Station Employees.--It is the sense of Congress 
that the Administrator of the Federal Aviation Administration should 
continue negotiating in good faith with flight service station 
employees of the Administration with a goal of reaching agreement on a 
contract as soon as possible.
    (b) War Risk Insurance.--It is the sense of Congress that the 
Secretary of Transportation should implement section 202 of the Air 
Transportation Safety and System Stabilization Act (Public Law 107-42) 
so as to make war risk insurance available to vendors, agents, and 
subcontractors of general aviation aircraft.
    (c) Transport of Animals.--It is the sense of Congress that an air 
carrier that transports mail under a contract with the United States 
Postal Service should transport any animal that the Postal Service 
allows to be shipped through the mail.
    (d) Screening.--It is the sense of Congress that the Under 
Secretary of Transportation for Security should require, as soon as 
practicable, that all property carried in a passenger aircraft in air 
transportation or intrastate air transportation (including checked 
baggage) be screened by any currently available means, including X-ray 
machine, hand-held metal detector, explosive detection system 
equipment, or manual search.
    (e) Contracts for Airport Security Services.--It is the sense of 
Congress that, in awarding a contract for airport security services, 
the Under Secretary of Transportation for Security should, to the 
maximum extent practicable, award the contract to a firm that is owned 
and controlled by a citizen of the United States.

                     TITLE II--VICTIMS COMPENSATION

SEC. 201. LIMITATION ON LIABILITY FOR DAMAGES ARISING OUT OF CRASHES OF 
              SEPTEMBER 11, 2001.

    Section 408 of the Air Transportation Safety and System 
Stabilization Act (Public Law 107-42; 115 Stat. 240; 49 U.S.C. 40101 
note) is amended--
            (1) by amending the section heading to read as follows:

``SEC. 408. LIMITATION ON LIABILITY FOR DAMAGES ARISING OUT OF CRASHES 
              OF SEPTEMBER 11, 2001.'';

            (2) by amending subsection (a) to read as follows:
    ``(a) General Limitation of Liability.--Except as provided in this 
section, no Federal court or agency or State court or agency shall 
enforce any Federal or State law holding any person, or any State or 
political subdivision thereof, liable for any damages arising out of 
the hijacking and subsequent crashes of American Airlines flights 11 or 
77, or United Airlines flights 93 or 175, on September 11, 2001.'';
            (3) in subsection (b), by adding at the end the following 
        new paragraphs:
            ``(4) Damages.--If any party to any action brought under 
        this subsection is determined to be liable--
                    ``(A) no damages in the aggregate ordered by the 
                court to be paid by such party shall exceed the amount 
                of insurance, minus any payments made pursuant to a 
                court approved settlement, which such party is 
                determined to have obtained prior to September 11, 
                2001, and which is determined to cover such party's 
                liability for any damages arising out of the hijacking 
                and subsequent crashes of American Airlines flights 11 
                or 77, or United Airlines flights 93 or 175, on 
                September 11, 2001;
                    ``(B) such party shall not be liable for interest 
                prior to the judgment or for punitive damages intended 
                to punish or deter; and
                    ``(C) the court shall reduce the amount of damages 
                awarded to a plaintiff by the amount of collateral 
                source compensation that the plaintiff has received or 
                is entitled to receive as a result of the terrorist-
                related aircraft crashes of September 11, 2001.
            ``(5) Attorneys' fees.--Reasonable attorneys' fees for work 
        performed in any action brought under this subsection shall be 
        subject to the discretion of the court, but in no event shall 
        any attorney charge, demand, receive, or collect for services 
        rendered, fees in excess of 20 percent of the damages ordered 
        by the court to be paid pursuant to this subsection, or in 
        excess of 20 percent of any court approved settlement made of 
        any claim cognizable under this subsection. Any attorney who 
        charges, demands, receives, or collects for services rendered 
        in connection with such claim any amount in excess of that 
        allowed under this subsection, if recovery be had, shall be 
        fined not more than $2,000 or imprisoned not more than one 
        year, or both.'';
            (4) by amending subsection (c) to read as follows:
    ``(c) Exclusion.--Nothing in this section shall in any way limit 
any liability of any person who--
            ``(1) hijacks any aircraft or commits any terrorist act; or
            ``(2) knowingly participates in a conspiracy to hijack any 
        aircraft or commit any terrorist act.''; and
            (5) by adding at the end the following new subsections:
    ``(d) Disclaimer.--Nothing herein implies that any person is liable 
for damages arising out of the hijacking and subsequent crashes of 
American Airlines flights 11 or 77, or United Airlines flights 93 or 
175, on September 11, 2001.
    ``(e) State Defined.--In this section, the term `State' means any 
State of the United States, the District of Columbia, the Commonwealth 
of Puerto Rico, the Northern Mariana Islands, the United States Virgin 
Islands, Guam, American Samoa, and any other territory of possession of 
the United States or any political subdivision of any of the 
foregoing.''.

            Attest:

                                                                 Clerk.